ISSUES AND CHALLENGES IN ENVIRONMENTAL JUSTICE DELIVERY SYSTEM IN MALAYSIA AND NIGERIA: THE NEED FOR LIBERALISING THE STRICT RULES OF LOCUS STANDI

Abstract

The court remains the last hope of the commoners. Where the authority erred in law, the only avenue to make them accountable to the public is through the interference of the court. However, seeking environmental justice is a difficult task for the masses due to the stringent rules involved in environmental matters. These rules pose a great challenge to the victims of environmental degradation. These rules are the problem of locus standi, institution of class action, limitation of time, the issue of cost and burden of proof. All these rules to a great extent present a difficult task to victims of environmental abuse in seeking environmental justice and serves as a barrier which prevent aggrieved persons from having access to court for environmental redress. This paper therefore intends to analyze some of the major challenges facing the victims of environmental abuse and recommends a liberal approach to these issues in order to foster environmental justice and checkmate the activities of the major actors involved in environmental abuse.